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Take action to stop these violations of the International Code of Marketing of Breast-milk Substitutes. The people responsible have names and addresses - call on them to market their products ethically.

The tables below give details of some recent violations. The date when the violation was last reported to Baby Milk Action or confirmed to be current is given. The violation reference is for Baby Milk Action's records. Please quote it if forwarding correspondence to us, if possible.


Nestlé in Turkmenistan

Company
Item
Date
Violation Reference
Nestlé
Cerelac promotion
May 1999
comp/99/08

New IBFAN partners in the Central Asian Republics (part of the former Soviet Union) are appealing for help as Nestlé moves into the area aggressively. One cause for concern is the promotion of Cerelac on bill-boards such as that shown here. The idealized picture of an infant encourages parents to use this product rather than purchase local foods, which are much less expensive, and some product labels encourage an early end to exclusive breastfeeding.

Key points for letters to Nestlé:

  • In 1994 the World Health Assembly adopted Resolution 47.5. This called for complementary feeding to be fostered from about 6 months of age, emphasizing continued breastfeeding and frequent feeding with safe and adequate amounts of local foods. In Turkmenistan, Nestlé is advertising Cerelac on bill-boards and on posters in health facilities. Does Nestlé feel that such a marketing approach is in keeping with this Resolution, particularly in a country where per capita GNP is only US$920 per year and 5% of the population has to survive on less than US$1 per day? Will Nestlé remove idealizing pictures of infants from its advertisements? Some Cerelac labels in Turkmenistan indicate use from the 4th month. Will Nestlé revise its labels to bring them into line with the marketing requirements?

Violation
Complain to
Labelling for use from 4 months violates WHA 47.5. Mr. Peter Brabeck,
CEO Nestlé,
55, av. Nestlé,
1800 Vevey,
Switzerland.
Fax: 41 21 922 6334



South African Department of Health calls on Nestlé to end violations - Nestlé's PR booklet exposed, No. 5.

Company
Item
Date
Violation Reference
Nestlé
Labels promote early end to exclusive breastfeeding
May 1999
comp/99/09

Nestlé is seeking endorsements of its baby food marketing practices from governments. This appears to be backfiring as an increasing number are using the opportunity to spell out Nestlé's shortcomings (see Campaign for Ethical Marketing May 1999). More favourable quotes from sources such as "a paediatrician" have been used by Nestlé in its booklet Nestlé: Complying with the WHO Code - past campaigns sheets have exposed the true situation in some of the countries concered and called for the booklet to be withdrawn.

Key points for letters to Nestlé:

  • Nestlé invited the Department of Health, Cape Town, South Africa to comment on its baby food marketing practices and has been asked to make several changes. Specifically, Nestlé has been asked to change the labels on Nan 1, Nan 2, Lactogen 1, Lactogen 2, Cerelac Regular and Nestum because these suggest introducing complementary foods at the age of 4 to 6 months, rather than "about 6 months" as required by World Health Assembly Resolution 47.5. The Ministry of Health has pointed out that this not only breaks the requirements of the World Health Assembly, but that "it encourages the usage of supplementary feeding before it is nutritionally required and it undermines exclusive breastfeeding to about 6 months of age." Will Nestlé change the labels accordingly?
  • The Department of Health has also commented that Nestlé posters appear in many clinics and that brochures are freely available. It states that "the inevitable result is the promotion of the company's image as well as its products." Will Nestlé now stop such promotional practices?
  • Nestlé has dismissed Baby Milk Action's criticisms of its public relations booklet, Nestlé: Complying with the WHO Code. Will Nestlé similarly dismiss government criticism of its marketing pracitices or will it now withdraw this booklet?

Violation
Complain to
Resolutions WHA 47.5 states that complementary feeding should be fostered "from the age of about 6 months." Nestlé labels its products to encourage introduction of foods before this time. Mr. Peter Brabeck,
CEO Nestlé,
55, av. Nestlé,
1800 Vevey,
Switzerland.
Fax: 41 21 922 6334



Nestlé Executives show contempt for ASA and shareholders

On 12th May 1999 the UK Advertising Standards Authority (ASA) published a ruling upholding all of Baby Milk Action's complaints against a Nestlé advertisement. Nestlé claimed in the advertisement to market infant formula ethically and responsibly. Instead of admitting that it needs to change its baby food marketing practices, Nestlé is making untrue statements about the ruling to divert criticism.

For example, when questioned about the ruling at the Nestlé shareholder meeting on 3rd June, the Chief Executive Officer, Peter Brabeck, suggested that it was a small issue, relating only to events which occurred over 20 years ago, before the marketing code was introduced. This is untrue. The ASA stated that "the substantiation for the period both before and after 1981 sent by the advertisers... was inadequate and that the material provided [by Baby Milk Action] indicated that the claim went too far." The ASA also ruled against a Nestlé claim relating to its 1996 "Charter" and against its claim that it does not provide free supplies of infant formula to hospitals for use with healthy infants. Baby Milk Action is calling on Nestlé to distribute the full ASA text to all 200,000 shareholders so they can read it for themselves.

Nestlé (UK) Chief Executive, Peter Blackburn, is making similarly misleading statements. He suggested in a published letter that the ruling relates to "ethical issues from so many years ago." What is particularly worrying about Mr. Blackburn's comments is that he is the President of the Incorporated Society of British Advertisers (ISBA) which sits on the finance board of the ASA and is involved in drafting the advertisers code of conduct. By misrepresenting an ASA ruling he undermines the credibility of both ISBA and the ASA. The ASA has indicated that it will not take any action to stop this happening. ISBA's Director General, Mr. John Hooper CBE, replied to Baby Milk Action with one sentence only: "I am in receipt of your letter of June 9, the contents of which have been noted."

Key points for letters to Nestlé:

  • Baby Milk Action alleges that Nestlé's Chief Executive Officer, Mr. Peter Brabeck, misled shareholders at the company's AGM on 3rd June when commenting on a ruling against Nestlé by the UK Advertising Standards Authority (ASA). The ruling appeared in the ASA report of 12th May 1999. To set the record straight with shareholders, will Nestlé distribute the full text of the ruling to all shareholders so they are able to read it for themselves?

Key points for letters to the Incorporated Society of British Advertisers (ISBA).

  • Baby Milk Action alleges that the President of ISBA, Mr. Peter Blackburn, has misrepresented a ruling by the Advertising Standards Authority (ASA) against Nestlé. The ruling appeared in the ASA report of 12th May 1999. It is extremely disturbing if a figure in such an influential position should act in this way without any action being taken to stop him. Has ISBA asked Mr. Blackburn to correct any misleading impression he may have given about the ruling? Does ISBA distance itself from Mr. Blackburn's comments?

Letters may be copied to: Nigel Griffiths MP, Minister for Consumer Affairs, House of Commons, London, SW1A 0AA, UK. Fax: +44 (0)171 215 5560.

Addresses:

Mr. Peter Brabeck,
CEO Nestlé,
55, av. Nestlé,
1800 Vevey,
Switzerland.
Fax: +41 21 922 6334

Mr. John Hooper CBE,
Director General,
Incorporated Society of British Advertisers,
44 Hertford Street,
London,
W1Y 8AE.
UK.
Fax: +44 (0) 171 629 5355


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